Rakesh Kumar Yadav v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.35644 of 2016 Arising Out of PS.Case No. -3 Year- 2016 Thana -RAGHUNATHPUR District- SIWAN ======================================================

1. Rakesh Kumar Yadav Son of Ramji Yadav Resident of Village- Rajpur (Hasopur) P.S. Raghunathpur Distt Siwan.

.... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rana Vikram Singh For the Opposite Party/s : Mr. Sri Aditya Narayan Singh 1 ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL ORDER 26-09-2016 Heard both sides.

The petitioner apprehends his arrest in Raghunathpur P.S. case No. 3/2016 under Section 420, 308, 34 of the Indian Penal Code and under Sections 18(C), 27b(ii) of the Drugs and Cosmetics Act.

The raiding team raided a medical shop from where Adhar Card and other documents in the name of petitioner have been recovered and seized. From that shop huge quantity of medicines used and expired were recovered.

The learned counsel for the petitioner submits that petitioner is not the owner of the shop. At the time of raid the shop was closed. The petitioner is made accused only because Adhar card and other documents containing the name of the petitioner

Patna High Court Cr.Misc. No.35644 of 2016 (3) dt.26-09-2016 2/2 were recovered.

It appears that petitioner was running the shop as Adhar card and other documents of the petitioner were found inside the shop and huge quantity of medicines were recovered in which some used medicines were also found which show that petitioner was also prescribing medicines. Even expired medicines were also recovered from the shop of the petitioner. Considering the facts aforesaid, I am not inclined to enlarge the petitioner on anticipatory bail. Accordingly, the same is rejected.

(Prabhat Kumar Jha, J) BKS/- U T